This is a discussion on Security Guard tries to take pistol from OC'er. within the Open Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I want to be a security guard so I can do intelligent things like this guy did. A uniform and a radio are just the ...
I want to be a security guard so I can do intelligent things like this guy did. A uniform and a radio are just the same thing as formal training. Paul Blart is my Hero.
Walk softly ...
I was reading that thread that the OP linked. The guy seems to think he may possibly get sued for medical down the road... correct me if I'm wrong... GA is a Castle Doctrine state is it not? He used only the amount of force necessary... Shouldn't he be immune from any legal damages?
If the CCw'r was wearing his CCW badge or sash this would of never happened.
If the CCW'r is charge with anthing I am in for $100.00 for his defense fund.
He certainly was within his rights to defend himself-especially from the possibility of being disarmed. However, let's look at this situation from the point of view of folks who are not us--- like maybe a typical juror with no interest in these matters.
The naive might ask, "why didn't the guy stop assaulting the guard the instant he realized it was a security guard?" [Perhaps the naive would not realize that trained individuals as this guy seems to be would instinctively use a pattern of multiple strikes and it is almost impossible to stop once started.]
The naive might think to themselves that a security guard was merely doing his job, and had a right to disarm. They may, or may not believe whatever testimony is presented at whatever trial (civil or criminal) should follow, which of the two was the true victim of an assault.
There is a big difference between whacking away at a uniformed security guard (who for all we know is also a certified peace officer working a second job --hope not for the guys sake) and taking exactly the same action on a total stranger such as another shopper who grabs for the gun. At least it will appear that way to the typical juror.
All I'm saying is that this isn't quiet as clear cut a scenario as it appears to us. We have our viewpoint. The other 98% of the human population who don't have CHLs etc., and who lack any MA training, and who don't OC, might see this quite differently.
I'm on the side of the guy OC ing, but do not think that he is going to have an easy time of his immediate future. And, he will likely be paying medical bills even if he is never charged with any crime.
Remember, the legal standard for collecting for the medical damages is very low as compared to the standard for criminal conviction. And, a judge in a civil trial might not even allow a "necessity" style defense.
Think judge Judy. What would she likely be yelling?
"He was wearing a security guards uniform. You didn't notice that? What, are you blind? Are you some kind of idiot? So he wanted your gun to protect himself? Big deal. What were you afraid of? It was his job to do what he did. You hit this man for no good reason so hard that you knocked him out!!!! Shut up. I've heard enough. Judgment for the plaintiff."
To a reasonable man, the officer justifiably took the weapon for his safety and the safety of everyone else until the man was able to claim it. Pretty open and shut to me.
I wonder what the guard planned on doing with the gentleman's firearm, once he had it in his possession? Dangle it over his head and try to get him to jump for it, perhaps? Stick it in his own waistband, and cross his arms like a tough guy? Run away yelling "Neener, neener"?
Doesn't seem like a well thought out course of action at all! I really wonder what goes on in people's heads sometimes.
Wow..... That guy is officially a ninja....
security guard is lucky to have walked away with a broken nose and jaw
yes because hanging out with a man with a banjo is super suspicious? and it is legal to drink and carry in ga as long as you dont do it at a restaurant(and the soldiers are exempt from that that as well....) and iirc from his post on a local forum he had not been drinking....
the officer did seize the gun without cause and keep it.....and then the PD refused to give it back......
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Ok here is a twist. Same as OP but while fighting for control of CCW'r gun. CCW'r pulls bug with support hand and shoots security guard.
The post has been updated by the victim (the OCer)....ADA will not file charges; video evidence clearly shows case for self-defense. However, the video (which the victim has) is being held until the civil case (if one ever arises...yeah...a sad world) is settled (or the idiot security guard declines to sue)....afterall, he has medical bills to pay...
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martyr is a fancy name for crappy fighter
You have never lived until you have almost died. For those that have fought for it, life has a special flavor the protected will never know
That guard is the biggest idiot ever! I'm no LEO...but I can't imagine that would be encouraged. I'm most baffled by the fact that the guard created a MAJOR safety issue for those in the store and around them unnecessarily. A holstered weapon is safe...a weapon that is being wrestled back n forth creates a dangerous situation. What if it went off and hit a bystander? What if the OC'r had a bug? Hope this works out for the legally armed citizen.
Having read the entire thread on the other site I am waving the B.S. flag! Have you all read the rest of this guys posts? The more I read the less credible the guy is. Until I see something from a verifiable source I am just writing him off as the anti-Gecko45.
I especially liked the one about his employer who requires him to carry at all times and is going to make it all go away!
Call me cynical, but unless we are talking about a Barney and Andy department why would a Sergeant, much less the duty commander care about what is in reality a simple assault and battery case? And why would a political person as in a prosecutor make something "go away" for some private employer? Not a good career move. I wont even bother with the legal issues of the employer "requiring" his employees to armed while off the clock.
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"Just getting a concealed carry permit means you haven't commited a crime yet. CCP holders commit crimes." Daniel Vice, senior attorney for the Brady Campaign to Prevent Gun Violence, quoted on Fox & Friends, 8 Jul, 2008
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